A Thesis Submitted by Nigel Connor Ba
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Human Rights, Sexual Orientation and Gender Identity in the Commonwealth
Human Rights, Sexual Orientation and Gender Identity in The Commonwealth Struggles for Decriminalisation and Change Edited by Corinne Lennox and Matthew Waites Human Rights, Sexual Orientation and Gender Identity in The Commonwealth: Struggles for Decriminalisation and Change Edited by Corinne Lennox and Matthew Waites © Human Rights Consortium, Institute of Commonwealth Studies, School of Advanced Study, University of London, 2013 This book is published under a Creative Commons Attribution- NonCommercial-NoDerivatives 4.0 International (CC BY-NCND 4.0) license. More information regarding CC licenses is available at https:// creativecommons.org/licenses/ Available to download free at http://www.humanities-digital-library.org ISBN 978-1-912250-13-4 (2018 PDF edition) DOI 10.14296/518.9781912250134 Institute of Commonwealth Studies School of Advanced Study University of London Senate House Malet Street London WC1E 7HU Cover image: Activists at Pride in Entebbe, Uganda, August 2012. Photo © D. David Robinson 2013. Photo originally published in The Advocate (8 August 2012) with approval of Sexual Minorities Uganda (SMUG) and Freedom and Roam Uganda (FARUG). Approval renewed here from SMUG and FARUG, and PRIDE founder Kasha Jacqueline Nabagesera. Published with direct informed consent of the main pictured activist. Contents Abbreviations vii Contributors xi 1 Human rights, sexual orientation and gender identity in the Commonwealth: from history and law to developing activism and transnational dialogues 1 Corinne Lennox and Matthew Waites 2 -
HARDWICK and Historiographyt
HARDWICK AND HISTORIOGRAPHYt William N. Eskridge, Jr.* In this article, originally presented as a David C. Baum Me- morial Lecture on Civil Liberties and Civil Rights at the University of Illinois College of Law, Professor William Eskridge critically examines the holding of the United States Supreme Court in Bow- ers v. Hardwick, where the Court held, in a 5-4 opinion, that "ho- mosexual sodomy" between consenting adults in the home did not enjoy a constitutionalprotection of privacy and could be criminal- ized by state statute. Because the Court's opinion critically relied on an originalistinterpretation of the Constitution, Professor Es- kridge reconstructs the history and jurisprudence of sodomy laws in the United States until the present day. He argues that the Hard- wick ruling rested upon an anachronistictreatment of sodomy reg- ulation at the time of the Fifth (1791) or Fourteenth (1868) Amendments. Specifically, the Framersof those amendments could not have understood sodomy laws as regulating oral intercourse (Michael Hardwick's crime) or as focusing on "homosexual sod- omy" (the Court's focus). Moreover, the goal of sodomy regula- tion before this century was to assure that sexual intimacy occur in the context of procreative marriage,an unconstitutional basis for criminal law under the Court's privacy jurisprudence. In short, Professor Eskridge suggests that the Court's analysis of sodomy laws had virtually no connection with the historical understanding of eighteenth or mid-nineteenth century regulators. Rather, the Court's analysis reflected the Justices' own preoccupation with "homosexual sodomy" and their own nervousness about the right of privacy previous Justices had found in the penumbras of the Constitution. -
The 2013 Irish Legislation on Abortion: Turning-Point Or Missed Opportunity?
NATIONAL UNIVERSITY OF IRELAND GALWAY European Master’s Degree in Human Rights and Democratisation A.Y. 2013/2014 The 2013 Irish legislation on abortion: turning-point or missed opportunity? A critical analysis from a human rights perspective Author: Chiara Cosentino Supervisor: Noelle Higgins Ackowledgements I would like to thank Noelle Higgins, from the NUI of Galway, for the supervision of the present work and for her precise and insightful comments and suggestions. Furthermore, I would like to deeply thank the contacted civil society organisations that kindly and enthusiastically agreed on allowing me to steal a bit of their time for interviews. They were fundamental for my analysis, for the perception from the ground they gave me, and for the global picture that I could capture from their different angles of perspective on the topic. In particular I would love to thank for their availability Richie Keane (Coordinator of Doctors For Choice), Sinéad Corcoran (member of the Policy and Advocacy Team of Abortion Right Campaign), Kelly Mackey (from the Campaign Office of Amnesty International Ireland), Maeve Taylor (Senior Policy and Advocacy Officer of the Irish Family Planning Association) and Dette McLoughlin, John Walshe and Joseph Loughnane (members of Galway Pro-Choice). I would also like to thank my family, my parents, my sister and my grandmother for their unconditional support, and for making my participation in this Master possible, both with their practical help and love. I missed them throughout this year, but we all know that, wherever I am, they are always in my heart. Moreover, I would like to thank all my friends, old and new, for what they mean and they will always mean to me. -
Irish Studies Around the World – 2020
Estudios Irlandeses, Issue 16, 2021, pp. 238-283 https://doi.org/10.24162/EI2021-10080 _________________________________________________________________________AEDEI IRISH STUDIES AROUND THE WORLD – 2020 Maureen O’Connor (ed.) Copyright (c) 2021 by the authors. This text may be archived and redistributed both in electronic form and in hard copy, provided that the author and journal are properly cited and no fee is charged for access. Introduction Maureen O’Connor ............................................................................................................... 240 Cultural Memory in Seamus Heaney’s Late Work Joanne Piavanini Charles Armstrong ................................................................................................................ 243 Fine Meshwork: Philip Roth, Edna O’Brien, and Jewish-Irish Literature Dan O’Brien George Bornstein .................................................................................................................. 247 Irish Women Writers at the Turn of the 20th Century: Alternative Histories, New Narratives Edited by Kathryn Laing and Sinéad Mooney Deirdre F. Brady ..................................................................................................................... 250 English Language Poets in University College Cork, 1970-1980 Clíona Ní Ríordáin Lucy Collins ........................................................................................................................ 253 The Theater and Films of Conor McPherson: Conspicuous Communities Eamon -
Yuill, Richard Alexander (2004) Male Age-Discrepant Intergenerational Sexualities and Relationships
Yuill, Richard Alexander (2004) Male age-discrepant intergenerational sexualities and relationships. PhD thesis. http://theses.gla.ac.uk/2795/ Copyright and moral rights for this thesis are retained by the author A copy can be downloaded for personal non-commercial research or study, without prior permission or charge This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the Author The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the Author When referring to this work, full bibliographic details including the author, title, awarding institution and date of the thesis must be given Glasgow Theses Service http://theses.gla.ac.uk/ [email protected] Male Age-Discrepant Intergenerational Sexualities and Relationships Volume One Chapters One-Thirteen Richard Alexander Yuill A thesis submitted for the degree of Doctor of Philosophy University of Glasgow Department of Sociology, Anthropology and Applied Social Sciences Faculty of Social Sciences October 2004 © Richard Alexander Yuill 2004 Author's Declaration I declare that the contents of this thesis are all my own work. Richard Alexander Yuill 11 CONTENTS Page No. Acknowledgements Xll Abstract Xll1-X1V Introduction 1-9 Chapter One Literature Review 10-68 1.1 Research problem and overview 10 1.2 Adult sexual attraction to children (paedophilia) 10-22 and young people (ephebophilia) 1.21 Later Transformations (1980s-2000s) Howitt's multi-disciplinary study Ethics Criminological -
Lydia Foy and the Struggle for Transgender Rights in Ireland
Lydia Foy and the Struggle for Transgender Rights in Ireland In March 1993 transgender woman Lydia Foy wrote to the Irish Registrar of Births seeking a new birth certificate in her female gender. Nearly 21 years later she is still waiting. Ireland is now the only state in the European Union that does not have any procedure for the legal recognition of transgender persons. And Lydia Foy is still fighting for the right to be officially recognised in the gender she has been living in for the last 21 years. Taking a legal challenge After four years of fruitless correspondence with the Registrar’s office, Lydia, represented by legal human rights group Free Legal Advice Centres Ireland (FLAC), issued legal proceedings in the Irish High Court in April 1997. It was a hard and painful struggle. Lydia’s marriage had broken up under the strain of her transition to her female gender. She had lost her home, her family and her job as a health service dentist. “I was completely alone ...I had one door after another closed in my face. Even those who sympathised with my case felt they could do nothing to help – they certainly couldn’t support me in public”. The Court hearing lasted for 14 days with a distressing and intrusive scrutiny of Lydia’s personal life and sensational media coverage. At the end, in July 2002, the Judge rejected Lydia’s claim. He was sympathetic but he could not find anything in Irish law that would allow her to change the gender in which she had originally been registered. -
Draft Feminist Judgment Foy V an Tard Chlaraitheoir
Draft Feminist Judgment for Foy v An t-Ard Chláraitheoir Lydia Foy, Plaintiff v. An t-Ard Chláraitheoir, Defendants; Jennifer and Claire Foy, Notice Parties [2007] IEHC 470, [2006 No. 33 S.P.]; [2009] IESC 1 High Court 19 th October, 2007 Supreme Court 19 th November, 2009 Ní Mhuirthile J. 19 th November, 2009 Introduction [1] Labour wards all over the world reverberate to joyous exclamations of ‘it’s a boy!’ or ‘it’s a girl!’ A seemingly simple statement: one that lies at the very heart of this case. At its core, this case revolves around the question of how legal gender is constructed. How does one become a man or a woman for the purposes of coming sui juris ? Is the exclamation in the birthing chamber and the consequent recording of sex on the birth certificate a definitive determination on a point of law, or is it merely, as Mr Justice McKechnie noted in the 2002 High Court judgment on this matter, “a “snap shot” of matters on a particular day and does not purport to be otherwise”? If the latter, how then is legal gender determined? This is the question which the appellant asks this Court to resolve. [2] The appellant was born on Monday 23rd June, 1947 in Athlone, Co. Westmeath. As required by law, the appellant’s mother registered the birth of her baby, naming her child “Donal Mark” and noting her baby’s sex as male. The case arises as the appellant asserts that as he grew he developed a female gender identity. -
LGBT History Month 2016
Inner Temple Library LGBT History Month 2016 ‘The overall aim of LGBT History Month is to promote equality and diversity for the benefit of the public. This is done by: increasing the visibility of lesbian, gay, bisexual and transgender (“LGBT”) people, their history, lives and their experiences in the curriculum and culture of educational and other institutions, and the wider community; raising awareness and advancing education on matters affecting the LGBT community; working to make educational and other institutions safe spaces for all LGBT communities; and promoting the welfare of LGBT people, by ensuring that the education system recognises and enables LGBT people to achieve their full potential, so they contribute fully to society and lead fulfilled lives, thus benefiting society as a whole.’ Source: www.lgbthistorymonth.org.uk/about Legal Milestones ‘[A] wallchart has been produced by the Forum for Sexual Orientation and Gender Identity Equality in Further and Higher Education and a group of trade unions in association with Lesbian, Gay, Bisexual and Trans (LGBT) History Month. The aim has been to produce a resource to support those raising awareness of sexual orientation and gender identity equality and diversity. Centred on the United Kingdom, it highlights important legal milestones and identifies visible and significant contributions made by individuals, groups and particularly the labour movement.’ Source: www.lgbthistorymonth.org.uk/wallchart The wallchart is included in this leaflet, and we have created a timeline of important legal milestones. We have highlighted a selection of material held by the Inner Temple Library that could be used to read about these events in more detail. -
The Pro-Choice Movement in Ireland Áine Ní Mhainnín
mhAinnín | Pro Choice 38 mhAinnín | Pro Choice The power of women’s voices: the pro-choice movement in Ireland ÁIne ní mhaInnín avita Halappanavar was 31 years old. Originally from India, she moved to the west of Ireland to be Swith her husband, Praveen. On 21st October 2012, she and Praveen arrived at University College Hospital Galway. Savita was 17 weeks pregnant and suffering from back pain. Told she was miscar- - fused each time, once given the reason that Ireland was a ‘Catholic country’. Finally, after Savita had spent 2 ½ days in agony, the foetal heartbeat stopped and the foetus was removed. Savita died on 28 October 2012. Her death was recorded as a result of severe sepsis, E. coli in the bloodstream and a miscarriage at 17 weeks. Having returned from Savita’s funeral in India, Praveen recounted her story to the Irish Times. It was woman to die through refusing her a termination, was receiving global attention. That evening, within only a few hours of the story being posted, several hundred attended a vigil outside the Dáil (Irish rallies did not occur in a bubble, but have been the focal point of a change of mood over the last year or so in relation to a woman’s right to choose. Ireland’s barbaric position came about through the suc- cess of anti-choice lobby groups in blurring the distinction between Church and State, resulting in a Background The 1861 Offences Against the Person Act prohibited the procurement of a miscarriage within the United Kingdom of Great Britain and Ireland. -
PILA and PILS Conference Political Commitment, Practical Protection, Using the ECHR, North and South the Long Road to Change
PILA and PILS Conference Political Commitment, Practical Protection, Using the ECHR, North and South The Long Road to Change – The Case of Lydia Foy Michael Farrell, Senior Solicitor, FLAC I have been asked to talk about the Lydia Foy case as a case study of the use of the European Convention on Human Rights 2003, and particularly the provision for a Declaration of Incompatibility with the Convention, as tools for protecting the rights of marginalised communities. But first of all I would like to go back a good bit further in time to October 1962, the month I started as a student in Queens University, Belfast, and a story that made a deep impression on me at the time. For that month another student was enrolling in another university 5000 miles away. James Meredith was the first black student to enrol in the University of Mississippi in the rigidly segregated deep South of the United States. A federal court had ordered that Meredith should be admitted to the university but a huge crowd of white segregationists gathered to stop him and President Kennedy had to send in the National Guard and regular troops to control the situation. That was eight years after the most famous public interest law case of them all, Brown v The Board of Education 1, where the US Supreme Court ordered the desegregation of schools in Topeka, Kansas. And it was long after 1962 before US schools and colleges were fully integrated – to the extent that they are even today. I mention this story just to make the point that while winning court battles is an important and sometimes crucial step in securing legal and social change, it is 1 US Supreme Court, Brown v Board of Education , 347 U.S. -
Roman Catholic Church in Ireland 1990-2010
The Paschal Dimension of the 40 Days as an interpretive key to a reading of the new and serious challenges to faith in the Roman Catholic Church in Ireland 1990-2010 Kevin Doherty Doctor of Philosophy 2011 MATER DEI INSTITUTE OF EDUCATION A College of Dublin City University The Paschal Dimension of the 40 Days as an interpretive key to a reading of the new and serious challenges to faith in the Roman Catholic Church in Ireland 1990-2010 Kevin Doherty M.A. (Spirituality) Moderator: Dr Brendan Leahy, DD Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy August 2011 DECLARATION I hereby certify that this material, which I now submit for assessment on the programme of study leading to the award of Ph.D. is entirely my own work and has not been taken from the work of others save and to the extent that such work has been cited and acknowledged within the text of my work. ID No: 53155831 Date: ' M l 2 - 0 1 DEDICATION To my parents Betty and Donal Doherty. The very first tellers of the Easter Story to me, and always the most faithful tellers of that Story. ACKNOWLEDGEMENTS A special thanks to all in the Diocese of Rockville Centre in New York who gave generously of their time and experience to facilitate this research: to Msgr Bob Brennan (Vicar General), Sr Mary Alice Piil (Director of Faith Formation), Marguerite Goglia (Associate Director, Children and Youth Formation), Lee Hlavecek, Carol Tannehill, Fr Jim Mannion, Msgr Bill Hanson. Also, to Fr Neil Carlin of the Columba Community in Donegal and Derry, a prophet of the contemporary Irish Church. -
Guerrilla Glamour: the Queer Tactics of Dr. Panti Bliss Emer O'toole
Guerrilla Glamour: The Queer Tactics of Dr. Panti Bliss Emer O'Toole Éire-Ireland, Volume 52, Numbers 3 & 4, Fall/Winter 2017, pp. 104-121 (Article) Published by Irish-American Cultural Institute DOI: https://doi.org/10.1353/eir.2017.0024 For additional information about this article https://muse.jhu.edu/article/680366 Access provided by New York University (13 Feb 2018 16:50 GMT) Emer O’Toole Guerrilla Glamour: The Queer Tactics of Dr. Panti Bliss Setting the Scene Drag queen Panti Bliss should be conservative Ireland’s worst gay nightmare. Erstwhile organizer of kink nights, openly HIV positive, landlady of a Northside Dublin gay bar, and author of a memoir de- tailing performance art that involves pulling interesting things from her anus, Bliss strays very far from what some queer theorists (e.g., Butler, “Kinship”; Warner; Duggan; Mulhall) consider assimilation- ist political strategies—that is, from gaining rights through modeling gay lifestyles on heterosexual ones rather than through challenging heterosexual institutions. Yet in 2014, following a series of high- profile media and legal events, Bliss became a unifying figurehead for Ireland’s marriage-equality efforts, a self-professed accidental activist whose efforts were crucial to securing a resounding 62 percent vic- tory for the Yes Equality campaign in Ireland’s referendum on same- sex marriage. This article draws on performativity theory to argue for the counterintuitive position that it is precisely Bliss’s status as an os- tentatious drag queen that renders her palatable to a hetero- sexist and homophobic society. It analyzes Bliss’s now iconic “Noble Call” speech from the stage of the Abbey Theatre on 1 Febru- ary 2014 as well as the messaging tactics of the Yes Equality campaign in order to contend that drag provides Bliss permission to speak de- nied to everyday queer behaviors and identities.